In Roundstone Nurseries Limited v Stephenson Holdings Limited [2009] EWHC 1431 (TCC) a party was ordered to pay the costs thrown away by its late withdrawal from mediation. In considering whether to make such an order, the court will consider the conduct of the parties and in particular whether or not the party withdrawing from the mediation was justified in doing so. Where it is a pre-action mediation, the jurisdiction to make such an order may depend on whether the mediation was part of the pre-action protocol process or a stand-alone process. In the former case the costs would normally be recoverable, but not in the latter (in each case, subject to the terms of the mediation agreement).
